45 



monalty prayed " that all kiddles, wears, and 

 other engines, on the Thames, Medway, and 

 Ley, should be laid down." Id. 539. 



And it must be remembered that it has been 

 before shown, that it has been said by Hale, 

 that " the soil of the Thames is in the King, 

 and the fishing is common to all." 



By this it must plainly and evidently appear, 

 that the River Thames has always been con- 

 sidered as a public river ; the charters, which 

 are confirmations of the public rights, confirm 

 it. Sir Edward Coke instances it as public, 

 and the King's highway. Hale says, the soil 

 is the King's ; and the Commons of England 

 taking the cognizance to remove encroachments 

 and obstructions, and to prevent the illegal 

 destruction of fish, is proof of its being public ; 

 for if the river had been a private one, neither 

 the legislature, the charters, nor the Commons, 

 could have interfered ; for instead of a confir- 

 mation of liberty, it would have been an in- 

 fringement of private property. If the en- 

 croachments had been made on private proper- 

 ty, the remedy would have been private; but 

 that being public, proves the river aad griev- 

 ance thereon to have been public. 



